Visa waiver programhttps://www.nriol.net
Tue, 25 Nov 2014 08:36:41 +0000en-US
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1 https://wordpress.org/?v=5.4.1ISIS Terror Threat Demands New Look At US Visa Waiver Programhttps://www.nriol.net/visitors-insurance/isis-terror-threat-demands-new-look-at-us-visa-waiver-program/
Wed, 12 Nov 2014 12:50:43 +0000http://www.nriol.net/?p=10478As President Obama moves forward with his strategy of air strikes to try and ‘degrade and destroy’ ISIS forces, Congress is beginning to raise more questions. A number of Republican lawmakers have suggested that there is a big hole in terms of keeping our country safe and secure against potential terror threats.

That hole is the US Visa Waiver Program, which allows citizens of a number of other so-called ‘friendly’ countries to be able to enter the United States without specifically needing to get a visa. The problem, these lawmakers say, is that terrorist sympathizers can simply board a plane and enter the country, where they could then plan and conduct any number of attacks against any number of targets.

Lawmakers are also urging Obama to consider taking additional steps to stop militant fighters from coming to this country. According to a report in the Washington Times, they want the President to consider taking passports away from Americans who have been confirmed to have joined ISIS (or other terror groups).

Congress is also urging the President to suspend certain countries from the Visa Waiver Program. These would be countries that have large numbers of their citizens joining ISIS in order to fight with them. In fact, a June report by the Soufan Group has shown that more than half of the countries on our Visa Waiver Program list have had citizens join the fight in either Syria or Iraq. This is a problem, because these Western fighters could then return to their own countries and the US, even bypassing the initial level of scrutiny…all without even having to obtain a visa.

The US Visa Waiver Program (VWP) is run by the Department of Homeland Security and is designed to make it easier for citizens of certain foreign countries to travel to the US for tourism or business without obtaining a visa. In most cases, visitors are allowed to remain in the country for up to 90 days. The program applies to all the 50 US states and the territories including Puerto Rico and the US Virgin Islands.

Most of the countries included in the VWP are considered to be high income economies and rank very highly on the Human Development Index. Citizens of 38 different countries are eligible for this type of favorable travel treatment under this program. This includes Andorra, Estonia, Italy, Monaco, Slovenia, Australia, Finland, Japan, Netherlands, Spain,Austria, France, South Korea, New Zealand, Sweden, Belgium, Germany, Latvia, Norway, Switzerland, Brunei, Greece, Liechtenstein, Portugal, Taiwan, Chile, Hungary, Lithuania, San Marino, United Kingdom, Czech Republic, Iceland, Luxembourg, Singapore, Denmark, Ireland, Malta, Slovakia.

This program has been around since 1986, when Congress first passed legislation creating the VWP. The idea was to facilitate tourism and allow the consular resources of the US Department of State (Homeland Security now falls within the State Department) to be used more effectively. In July 1988, the UK became the first country to participate along with Japan in December of the same year. Since this time, the program has steadily expanded to include most European countries and a number of others. Entry requirements were tightened after the attacks of September 11, 2001 including the requirement of visitors to supply a machine readable passport when entering the country.

Many of these countries do reciprocate. In other words, US citizens would not need visas to visit places like the UK and New Zealand. Some also have their own actual VWP, although this will vary according to the country. Citizens of the United States are actually able to use their passports to enter 174 different countries.

The real question here is whether or not the VWP should be reconsidered. The Republicans are absolutely correct in pointing out that nearly anyone from one of these 38 nations could go to the Middle East, fight for ISIS and then end up on a plane bound for the US. Without needing to obtain a visa, entry would be easy. From there, they would pretty much be free to either conduct ‘lone wolf’ types of terror attacks or even join together with others and conduct more organized attacks on behalf of radical Islam. Another reason for reconsidering this program is the fact that acts of terror could also be conducted on the planes themselves.

The main argument for leaving the VWP in place is that most of these nations are our allies and revoking it could cause political fallout. Maybe several nations would revoke the ability of US citizens to travel to their countries in a visa-free fashion. Then so be it; these are steps we need to take in order to protect our nation from potential terrorist attacks.

In the final analysis, the VWP should be reconsidered. It simply makes things too easy for potential terrorists to enter the US. Obama is certainly not going to close our southern border, which means air travel must be seriously considered and we should do what we can to defend ourselves.

]]>What Happens When You Overstay on a 90-Day Holiday Visa Waiverhttps://www.nriol.net/visitors-insurance/what-happens-when-you-overstay-on-a-90-day-holiday-visa-waiver/
Mon, 03 Mar 2014 10:50:49 +0000http://www.nriol.net/?p=10064The visa waiver program makes it possible for citizens of 37 participating countries to travel to the U.S. without obtaining a U.S. visa. Tourists and business travellers can travel to the U.S. for a period of 90 days or less. But what happens when you overstay the 90 day period? The issue of overstaying on a non immigrant visa is no longer overlooked as essentially, you will be breaking the U.S. law.

Earlier, people who overstayed a visa did not have to face huge consequences; though overstays were deportable and considered to be without a legal status, they could still receive some immigration benefits. For example, visa overstays could adjust their status upon payment of a penalty and were also eligible to apply for asylum or suspension of departure; they could even depart and re-enter the U.S.

But now, the consequences can be pretty harsh, as the laws relating to overstays have drastically changed over the years. Foreign nationals who were eligible for further benefits such as employment based immigrant visa are denied all such opportunities now as a result of overstaying their visa in the U.S. In keeping with the new law, an automated system along with the use of machine readable passports maintains entry and departure of all people entering the U.S. In case of an overstay, the consequences can be serious, from having to get a new visa to return to facing a ten year ban from re entering the country.

Consequences of overstaying on your holiday visa waiver

If you have stayed past the 90 day period, you will no longer be eligible for the Visa Waiver Program, but may also find it difficult to obtain a U.S. visa in the future. If you remain in the U.S., after your authorized period of stay, you will not able to extend your stay or change your status to another non immigrant status. In most cases, you may even be barred from adjusting your status from that of a non immigrant to an immigrant.

Another consequence of overstaying your period of stay is that your visa will be automatically voided. As immigration is quite strict in its interpretation, even overstaying by a day will void your existing visa. If you want to visit the U.S. again, then you will need to apply for a B-2 tourist visa, paying the applicable fees. You may even be denied entry to the U.S. for a period of 3 to 10 years, depending on the period of your overstay. If you remain in the U.S. after your authorized stay has expired for more than 180 days but less than one year, you will be barred from re entering the U.S. for 3 years from the date of departure. However if you remain in the U.S. after your authorized stay has expired for more than one year, then you will be barred from entering the U.S. for 10 years from the date of departure.

Even if you have no intention of returning to the U.S., having this on your record may severely affect your travel or immigration to other countries also in the future. If you have overstayed your period of authorized stay in the U.S., you must return to your country of nationality to obtain a new visa. You will not be allowed to apply at a Consulate that is more convenient to you.

Exceptions

Good news is that there are some exceptions to this rule. In case of a medical emergency or if you fear persecution in your home country, you can request a longer stay or even apply for asylum. If you become the immediate relative of a U.S. citizen by marriage, you may be able to apply for a green card while in the U.S. on a visa waiver program. If you have not overstayed for more than 180 days, then you will not be subject to a time bar on entering the U.S. However, you need to make sure you have proof of your date of departure such as your plane ticket or a passport stamp.

How to avoid the consequences of overstaying a visa

A good way to avoid the possibility of overstaying your visa is to make sure you check the expiration date on your I-94 form. You must leave the U.S. on or before the expiry of the authorized period of stay granted to you. Be sure to document your departure. Save your airline tickets, boarding passes and travel itinerary and get your passport stamped when you enter another country. However, when you look at the consequences of overstaying your holiday visa waiver, you will realize that it is just not worth taking the risk, as it could affect your future visas too.